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HomeMy WebLinkAbout6573 ORDINANCE NO. 6 5 7 3 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF AUBURN, WASHINGTON, AMENDING SECTIONS 9.18.010, 9.18.020 AND 9.18.050 OF THE AUBURN C_ ITY CODE RELATING TO CHARITABLE SOLICITATIONS WHEREAS, it is in the interest of the City of Auburn for charitable organizations therein to solicit contributions for charitable purposes; and WHEREAS, it is also in the interest of the City of Auburn for activities occurring within its corporate boundaries to occur in a manner that accommodates public safety; and WHEREAS, it is appropriate for the City to address instances where solicitation of charitable donations by such organizations could adversely impact public safety. NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF AUBURN, WASHINGTON, DO ORDAIN as follows: SECTION 1. AMENDMENT TO CITY CODE That Section 9.18.010 of the Auburn City Code be, and the same hereby is, amended to read as follows: 9.18.010 Definitions. When used in this chapter, unless the context otherwise requires, the following definitions shall apply. A. "Charitable organization" means any benevolent, philanthropic, patriotic, eleemosynary, religious, educational, social, recreational or fraternal organization aad=which solicits or solicits and collects contributions for any charitable purpose. The word "charitable" includes "religious" and shall otherwise have its common law meaning unless the context in which it is used clearly requires a narrower or broader meaning. 'B. "Contribution" means the donation, promise or grant, for consideration or otherwise, of any money or property of any kind or value, which contribution is wholly or partly induced by solicitation. C. "Direct solicitation" means solicitation in which an individual making a solicitation is in the immediate physical presence of any individual being solicited. D. "Solicitation" means any oral or written request for a contribution, including the solicitor's offer or attempt to s_ell any property, rights, services, or other thing in connection with which: Ordinance No. 6573 September 28, 2015 Page 1 1. Any appeal is made for any charitable purpose; or 2. The name of any charitable organization or purpose is used as an inducement for consummating the sale; or 3. Any statement is made which implies that the whole or any part of the proceeds from the sale will be applied toward any charitable purpose or donated to any charitable organization. (Ord. 5682 § 1, 2002.) SECTION 2. AMENDMENT TO CITY CODE That Section 9.18.020 of the Auburn City Code be, and the same hereby is, amended to read as follows: 9.18.020 Exemptions. Except as otherwise specifically provided in other sections of this chapter, this chapter shall not apply to the following: A. Any organizations which are organized and operated principally for charitable purposes, other than the raising of funds, when the solicitation of contributions is confined to the bona fide membership of the organization and when the solicitation is managed and conducted solely by officers and members of such organizations who are unpaid for such services. The term "membership" shall not include those persons who are granted membership upon making a contribution as a result of solicitation; B. Any solicitation conducted exclusively within any premises owned, leased, rented, or otherwise under the lawful control of the person or organization making the solicitation. C. -Any-public agency that has, as a temporary program, its employees and representatives soliciting charitable donations to support _a bona .fide charitable organization, provided that such solic_itation does not adversely impact public safety (Ord. 5682 § 1, 2002.) SECTION 3. AMENDMENT TO CITY CODE That Section 9.18.050 of the Auburn City Code be, and the same hereby is, amended to read as follows: 9.18.050 Unlawful solicitations. A. It is unlawful to solicit without complying with the registration requirements hereof, unless specifically exempt as provided herein. B. No person or entity soliciting charitable donations shall have rights to use any location in public streets, alleys on_ public ri_Qhts_-of-way. it is unlawful to solicit — exit of aRy building then alley OF publeely-used dFive New charitable donations in any way that could-impede vehicular or pedestrian traffic or that could adversely impact public safety. For the purposes hereof, the judgment of a police officer, exercising good faith, shall be Ordinance No. 6573 September 28, 2015 Page 2 deemed conclusive as to whether any activity impede vehicular or pedestrian traffc, or could adversely impact_public.safety. C. it is uniawful to solicit within any office, theater, store, factory, or other premises where business is conducted or services are rendered without the prior approval of the person or persons in charge of the premises. D. It is unlawful to continue with any direct solicitation of any individual after the individual being solicited has indicated, by words or action, that he has no de_sire to make a contribution. E. It is unlawful to solicit on public property or in the residential area of the city between the hours of 9:00 p.m. and 7:00 a.m. (Ord. 5682 § 1, 2002.) SECTION 4. IMPLEMENTATION The Mayor is hereby authorized to implement such administrative procedures as may be necessary to carry out the directions of this legislation. SECTION 5. SEVERABILITY The provisions of this ordinance are declared to be separate and severable. The invalidity of any clause, sentence, paragraph, subdivision, section or portion of this ordinance, or the invalidity of the application thereof to any person or circumstance shall not affect the validity of the remainder of this ordinance, or the validity of its application to other persons or circumstances. SECTION 6. EFFECTIVE DATE'This Ordinance shall take effect and be in force five days from and after its passage, approval and publication as provided by law. FIRST READING: 0[:T SECOND READING: Wa-rte J PASSED: OCT_-_5 2015. APPROVED: OCT — 5 2nis CITY OF AUBURN t�& I ILAI&,ku NANCY B S, MAYOR ATTEST: Daniel a E. Daskarm City Clerk Ordinance No. 6573 September 28, 2015 Page 3 APP VED O O Daniel B. Heid, City Attorney Published: Ordinance No. 6573 September 28, 2015 Page 4